Joint Journal 02/16/1999 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-FOURTH SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
February 16, 1999

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Father Dale Kutil, followed by the Pledge of Allegiance led by Senate page Jennifer Hoebelheinrich.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-fourth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,

HAROLD HALVERSON, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

February 12, 1999

Madam President and Members of the Senate:

I have the honor to inform you that I have approved SB 21, 22, 40, 41, and 76 and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
William J. Janklow
GOVERNOR

January 15, 1999

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 33-1-10.1 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Donald J. Goldhorn, Dededo, Guam, Assistant Adjutant General, Army.

This appointment is effective April 1, 1999, and shall continue until March 31, 2000.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

January 7, 1999

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapter 1-32 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Doneen Hollingsworth, Hughes County, Pierre, South Dakota, Secretary of the Department of Health.

This appointment is effective January 9, 1999, and shall continue at the pleasure of the Governor.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

January 7, 1999

The Honorable Carole Hillard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Madam President and Members of the Senate:

Pursuant to the provisions of Section 9, Article IV, of the Constitution of South Dakota and Chapter 1-32 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed James W. Ellenbecker, Hughes County, Pierre, South Dakota, Secretary of the Department of Social Services.

This appointment is effective January 9, 1999, and shall continue at the pleasure of the Governor.

Sincerely,
WILLIAM J. JANKLOW
GOVERNOR

The President referred the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 45, 48, 77, 90, 112, and 137 and finds the same correctly enrolled.

Also MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 94 was delivered to his Excellency, the Governor, for his approval at 11:27 a.m., February 16, 1999.

Respectfully submitted,
Harold Halverson, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1199 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1128, 1142, 1255, and 1256 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill be amended as follows:

o-1107h

On page 5 , line 5 of the House engrossed bill , after " cause " insert " . For the purposes of this subdivision, good cause is the failure of a manager or successor manager to meet commercially reasonable standards or to perform commercially reasonable duties as specified in an agreement between the supplier and wholesaler " .

J-1107i

On page 3 , line 10 of the House engrossed bill , after " apply " insert " if the wholesaler fails to comply with the written agreement or if the " .

On page 3 , line 11 , delete " to any " .

On page 3 , line 11 , delete " that " .

On page 3 , line 12 , after " Act. " insert " The provisions of this section do not apply to the initial assignment of brands acquired by the supplier from another brewer. "

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1207 and returns the same with the recommendation that said bill be amended as follows:

j-1207

On page 1 , line 8 of the printed bill , after " days. " insert " However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing. "

And that as so amended said bill do pass.

Respectfully submitted,
Jerry Shoener, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 196 which was tabled.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 136, 195, and 242 which were deferred to the 41st legislative day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Agriculture & Natural Resources respectfully reports that it has had under consideration HB 1039 and returns the same with the recommendation that said bill be amended as follows:

t-1039ta

On page 1 , line 2 of the House engrossed bill , delete " and " and insert " , " .

On page 1 , line 2 , after " birds " insert " , and to repeal certain big game licensing requirements " .

And that as so amended said bill do pass.

Respectfully submitted,
Jim Dunn, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

o-1134

On page 1 , line 8 of the printed bill , after " the " insert " posted " .

On page 1 , line 8 , overstrike " of " and insert " limit " .

On page 1 , line 8 , delete " fifty " .

On page 1 , line 8 , overstrike " miles per hour " .

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1193 and returns the same with the recommendation that said bill be amended as follows:

o-1193

On page 1 , line 13 of the House Transportation committee engrossed bill , after " conducted " insert " . If a licensed vehicle dealer establishes a temporary supplemental lot in a county with a licensed used vehicle dealer, a licensed used vehicle dealer may establish a temporary supplemental lot in a county with a licensed vehicle dealer " .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 192 and 212 which were tabled.

Respectfully submitted,
David Munson, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SCR 6 in which the House has concurred.

Also MADAM PRESIDENT:

I have the honor to return herewith SB 45, 48, 77, 90, 112, and 137 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1147, 1210, 1211, 1213, and 1303 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1012, 1013, 1084, and 1158 and HCR 1003.

Respectfully,
KAREN GERDES, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 4: A CONCURRENT RESOLUTION, In support of country-of-origin labeling of meat products.

Was read the second time.

Sen. Kloucek moved that SCR 4 as found on page 156 of the Senate Journal be adopted.

     The question being on Sen. Kloucek's motion that SCR 4 be adopted.

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Flowers; Frederick; Hainje; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Everist; Halverson; Staggers

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

     Sen. Shoener moved that the Senate do concur in House amendments to SB 50.

     The question being on Sen. Shoener's motion that the Senate do concur in House amendments to SB 50.

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Staggers

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Staggers moved that the Senate do concur in House amendments to SB 93.

     The question being on Sen. Staggers' motion that the Senate do concur in House amendments to SB 93.

     And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent and Not Voting 0

Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven; Lange; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Drake; Hainje; Kloucek; Lawler; Shoener

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Friday, Sen. Arnold Brown announced his intention to reconsider the vote by which SJR 4 was lost.

     Sen. Arnold Brown moved to reconsider the vote by which SJR 4 was lost.

     The question being on Sen. Arnold Brown's motion to reconsider the vote by which SJR 4 was lost.

     And the roll being called:

     Yeas 24, Nays 10, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Lange; Lawler; Madden; Munson (David); Paisley; Rounds; Shoener; Staggers; Valandra; Vitter; Whiting

Nays were:
Benson; Dennert; Drake; Dunn (Rebecca); Hutmacher; Kleven; Kloucek; Moore; Olson; Reedy

Excused were:
Symens

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SJR 4 was up for reconsideration and final passage.

SJR 4: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and legislative term limits.

Having had its second reading was up for reconsideration and final passage.

b-j4

Sen. Whiting moved that SJR 4 be amended as follows:

On page 1 , line 12 of the printed resolution , delete " four " and insert " two " .

On page 1 , line 13 , delete " four " and insert " two " .

On page 2 , line 2 , delete " three " and insert " six " .

On page 2 , line 3 , delete " three " and insert " six " .

On page 2 , line 8 , delete " four-year " and insert " two-year " .

Sen. Lange moved the previous question.

Which motion prevailed.

The question being on Sen. Whiting's motion that SJR 4 be amended.

Which motion prevailed and the resolution was so amended.

Sen. Lange moved the previous question.

Which motion prevailed.

     The question now being "Shall SJR 4 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Everist; Hainje; Halverson; Ham; Lawler; Madden; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Benson; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Flowers; Frederick; Hutmacher; Kleven; Kloucek; Lange; Moore; Olson; Reedy; Symens; Valandra

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution passed.

The question being on the title.

Sen. Whiting moved that the title to SJR 4 be amended as follows:

On page 1 , line 3 of the printed resolution , delete " four-year " .

Which motion prevailed and the title was so amended.

     Friday, Sen. Kloucek announced his intention to reconsider the vote by which SB 191 was passed.

     Sen. Kloucek moved to reconsider the vote by which SB 191 was passed.

     The question being on Sen. Kloucek's motion to reconsider the vote by which SB 191 was passed.

     And the roll being called:

     Yeas 9, Nays 25, Excused 1, Absent and Not Voting 0

     Yeas were:
Everist; Flowers; Hutmacher; Kloucek; Lange; Moore; Olson; Symens; Valandra

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Frederick; Hainje; Halverson; Ham; Kleven; Lawler; Madden; Munson (David); Paisley; Reedy; Rounds; Shoener; Staggers; Vitter

Excused were:
Whiting

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

CONSIDERATION OF REPORTS OF COMMITTEES

     Sen. Rounds moved that the reports of the Standing Committees on

     Appropriations on SB 38 as found on page 468 of the Senate Journal; also

     State Affairs on SB 238 as found on page 469 of the Senate Journal; also

     Judiciary on SB 203 as found on page 474 of the Senate Journal; also

     Judiciary on HB 1103 as found on page 475 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

     Sen. Dennert moved that the word "not" be stricken from the report of the Committee on State Affairs on SB 135 as found on page 473 of the Senate Journal and that SB 135 be placed on tomorrow's calendar.

     The question being on Sen. Dennert's motion that the word "not" be stricken from the report of the Committee on State Affairs on SB 135 as found on page 473 of the Senate Journal and that SB 135 be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Staggers; Symens; Valandra

Nays were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Hainje; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds; Shoener; Vitter; Whiting

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

     Sen. Lange moved that SB 117, which was returned without recommendation from the Committee on State Affairs, be placed on tomorrow's calendar.

     The question being on Sen. Lange's motion that SB 117, which was returned without recommendation from the Committee on State Affairs, be placed on tomorrow's calendar.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent and Not Voting 0

     Yeas were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Symens; Valandra

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Benson requested that SB 60 be removed from the Consent Calendar.

SB 13: FOR AN ACT ENTITLED, An Act to repeal certain exemptions for national guard members and discharged members from certain taxes and military duty.

Was read the second time.

     The question being "Shall SB 13 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1192: FOR AN ACT ENTITLED, An Act to extend the time allowed to file an affidavit of recusal of hearing examiner.

Was read the second time.

     The question being "Shall HB 1192 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 177: FOR AN ACT ENTITLED, An Act to require the Department of Revenue to conduct a pilot program granting limited access to certain secured parties concerning liens and to provide rule-making authority to implement the pilot program.

Was read the second time.

     The question being "Shall SB 177 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Kleven; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Hutmacher; Kloucek

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 194: FOR AN ACT ENTITLED, An Act to provide certain restrictions for dealership contracts for agricultural construction equipment.

Having had its second reading was up for consideration and final passage.

The question being on Sen. Flowers' pending motion to further amend SB 194 as found on page 381 of the Senate Journal.

Which motion prevailed and the bill was so amended.

j-194e

Sen. Frederick moved that SB 194 be further amended as follows:

On page 2 , line 13 of the Senate Commerce committee engrossed bill , after " dealer " insert " unless such equipment, parts, accessories, or other commodity or service is necessary for the operation of equipment commonly sold in the dealer's area of responsibility " .

On page 2 , delete lines 24 and 25 .

Which motion prevailed and the bill was so amended.

     The question now being "Shall SB 194 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent and Not Voting 0

     Yeas were:
Benson; Bogue; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Flowers; Frederick; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Whiting

Nays were:
Albers; Brosz; Everist; Hainje; Staggers; Vitter

Excused were:
Valandra

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 205: FOR AN ACT ENTITLED, An Act to revise the procedure for establishing the tax levy for a school district sending students to an adjoining school district.

Was read the second time.

     The question being "Shall SB 205 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Symens; Valandra; Vitter; Whiting

Nays were:
Staggers

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 233: FOR AN ACT ENTITLED, An Act to provide increased funding for the maintenance of state and local highways and roads.

Was read the second time.

Sen. Rounds moved that SB 233 be deferred until Wednesday, February 17, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

SB 26: FOR AN ACT ENTITLED, An Act to authorize the sale of a tract of land in Brookings County used by the Agricultural Experiment Station research program, to provide for the deposit of the sale proceeds, and to revise the allocation of the Board of Regents endowed institution interest and income fund to reflect the value of such sale.

Was read the second time.

     The question being "Shall SB 26 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

Nays were:
Moore

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SB 211: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to workers' compensation.

Was read the second time.

     The question being "Shall SB 211 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Drake; Dunn (Jim); Everist; Frederick; Halverson; Ham; Kleven; Madden; Munson (David); Paisley; Rounds; Shoener; Staggers; Vitter; Whiting

Nays were:
Dennert; Dunn (Rebecca); Duxbury; Flowers; Hainje; Hutmacher; Kloucek; Lange; Lawler; Moore; Olson; Reedy; Symens; Valandra

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 216: FOR AN ACT ENTITLED, An Act to make an appropriation for adult basic education.

Was read the second time.

     The question being "Shall SB 216 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

SB 243: FOR AN ACT ENTITLED, An Act to provide for the issuance of specialty license plates and organization decals.

Was read the second time.

Sen. Benson moved that SB 243 be deferred until Wednesday, February 17, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1147: FOR AN ACT ENTITLED, An Act to authorize the construction of a new roof on the Dakota Dome at the University of South Dakota.

Was read the first time and referred to the Committee on Appropriations.

HB 1210: FOR AN ACT ENTITLED, An Act to provide a time to appeal notice of termination to a school board and to conduct a hearing thereon.

Was read the first time and referred to the Committee on Education.

HB 1211: FOR AN ACT ENTITLED, An Act to extend the time for filing of the record in certain school appeals.

Was read the first time and referred to the Committee on Education.

HB 1213: FOR AN ACT ENTITLED, An Act to protect the normal operation and use of sport shooting ranges.

Was read the first time and referred to the Committee on State Affairs.

HB 1303: FOR AN ACT ENTITLED, An Act to limit the liability of local government agencies and their employees for year 2000 litigation.

Was read the first time and referred to the Committee on Local Government.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1015: FOR AN ACT ENTITLED, An Act to revise certain election procedures for the formation of certain special districts and the election of directors, managers, or trustees.

Having had its second reading was up for consideration and final passage.

Sen. Ham moved that HB 1015 be deferred until Wednesday, February 17, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1053: FOR AN ACT ENTITLED, An Act to revise the open container law.

Having had its second reading was up for consideration and final passage.

Sen. Munson (David) moved that HB 1053 be deferred until Wednesday, February 17, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1042: FOR AN ACT ENTITLED, An Act to authorize the secretary of commerce and regulation to issue restricted driver licenses to persons whose driving privileges have been withdrawn and to promulgate certain administrative rules.

Was read the second time.

     The question being "Shall HB 1042 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Madden; Moore; Munson (David); Olson; Reedy; Rounds; Shoener; Staggers; Valandra; Whiting

Nays were:
Dunn (Rebecca); Lawler; Paisley; Vitter

Excused were:
Symens

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1070: FOR AN ACT ENTITLED, An Act to authorize county road districts to establish certain vehicle speed and weight restrictions and to revise certain county road district formation requirements.

Was read the second time.

t-1070c

Sen. Frederick moved that HB 1070 be further amended as follows:

On page 5 , after line 3 of the Senate Local Government committee engrossed bill , insert:

" Section 12. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as follows:

No political subdivision of the state may relinquish or transfer jurisdiction over any public highway to a road district. "

Which motion prevailed and the bill was so amended.

Sen. Rounds moved that HB 1070 be deferred until Wednesday, February 17, the 26th legislative day.

Which motion prevailed and the bill was so deferred.

HB 1056: FOR AN ACT ENTITLED, An Act to revise certain requirements for coordination of benefits of group health plans.

Was read the second time.

     The question being "Shall HB 1056 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Valandra; Vitter; Whiting

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1027: FOR AN ACT ENTITLED, An Act to increase the maximum benefits payable under the crime victims' compensation program.

Was read the second time.

     The question being "Shall HB 1027 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Drake; Dunn (Jim); Dunn (Rebecca); Duxbury; Everist; Flowers; Frederick; Hainje; Halverson; Ham; Hutmacher; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Olson; Paisley; Reedy; Rounds; Shoener; Staggers; Symens; Vitter; Whiting

Excused were:
Valandra

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1217: FOR AN ACT ENTITLED, An Act to revise the procedure for determining the period of time that has elapsed for a person who was previously convicted of driving under the influence.

Was read the second time.

     The question being "Shall HB 1217 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 8, Excused 0, Absent and Not Voting 0

     Yeas were:
Albers; Benson; Bogue; Brosz; Brown (Arnold); Daugaard; Dennert; Dunn (Jim); Dunn (Rebecca); Duxbury; Frederick; Halverson; Ham; Kleven; Kloucek; Lange; Lawler; Madden; Moore; Munson (David); Paisley; Reedy; Shoener; Staggers; Symens; Vitter; Whiting

Nays were:
Drake; Everist; Flowers; Hainje; Hutmacher; Olson; Rounds; Valandra

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 50 and 93 and finds the same correctly enrolled.

Respectfully submitted,
Harold Halverson, Chair

SIGNING OF BILLS

     The President publicly read the title to

     SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice of meetings of the State Board of Funeral Service.

     SB 48: FOR AN ACT ENTITLED, An Act to include viatical settlements in the definition of securities under the Uniform Securities Act and to provide an exemption from registration for viatical settlements issued by certain companies.

     SB 50: FOR AN ACT ENTITLED, An Act to establish standards for the advertisement, solicitation, and sale of life and health insurance.

     SB 77: FOR AN ACT ENTITLED, An Act to revise the date when a third-party administrator of life or health insurance coverage is required to file an annual report.

     SB 90: FOR AN ACT ENTITLED, An Act to allow the register of deeds to assist in the execution of United States passport applications.

     SB 93: FOR AN ACT ENTITLED, An Act to revise certain exemptions relating to the hauling of agricultural products or livestock from farms.

     SB 112: FOR AN ACT ENTITLED, An Act to allow municipalities operating under the commissioner form of government to determine the frequency of their meetings.

     SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for appurtenant property.

     HB 1022: FOR AN ACT ENTITLED, An Act to provide for an extension of the period of imprisonment as a condition for probation or suspension of sentence.

     HB 1023: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

     HB 1071: FOR AN ACT ENTITLED, An Act to revise the residency requirement for magistrate judges.

     HB 1079: FOR AN ACT ENTITLED, An Act to make an appropriation for the acquisition of Census 2000 redistricting data and to declare an emergency.

     HB 1092: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of a special administrator for probate.

     HB 1093: FOR AN ACT ENTITLED, An Act to exempt limited liability companies from the filing fee for the first annual report under certain circumstances.

     HB 1108: FOR AN ACT ENTITLED, An Act to authorize public utilities or electric utilities to remove certain obstructions that may impair its operations.

     HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the release of information about children in correctional or detention facilities.

     HB 1137: FOR AN ACT ENTITLED, An Act to revise the definition of outdoor recreation purpose for political subdivisions.

     And signed the same in the presence of the Senate.

Sen. Ham moved that the Senate do now adjourn, which motion prevailed, and at 4:47 p.m. the Senate adjourned.

PATRICIA ADAM, Secretary